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The Canon of American Legal Thought
Edited by David Kennedy & William W. Fisher III

Book Description | Reviews
Introduction [HTML] or [PDF format]


Preface ix
Introduction 1

Part I: Attacking the Old Order: 1900-1940

Oliver Wendell Holmes, "The Path of the Law," 10 Harvard Law Review 457 (1897) 19
Wesley Hohfeld, "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning," 23 Yale Law Journal 16 (1913) 45
Robert Hale, "Coercion and Distribution in a Supposedly Noncoercive State," 38 Political Science Quarterly 470 (1923) 83
John Dewey, "Logical Method and Law," 10 Cornell Law Quarterly 17 (1924) 111
Karl Llewellyn, "Some Realism About Realism-Responding to Dean Pound," 44 Harvard Law Review 1222 (1931) 131
Felix Cohen, "Transcendental Nonsense and the Functional Approach," 35 Columbia Law Review 809 (1935) 163

Part II: A New Order: The Legal Process, Policy, and Principle: 1940-1960

Lon L. Fuller, "Consideration and Form," 41 Columbia Law Review 799 (1941) 207
Henry M. Hart, Jr., and Albert M. Sacks, The Legal Process: Basic Problems in the Making and Application of Law, Problem No. 1 (unpublished manuscript, 1958) 241
Herbert Wechsler, "Toward Neutral Principles of Constitutional Law," 73 Harvard Law Review 1 (1959) 311

Part III: The Emergence of Eclecticism: 1960-2000

Policy and Economics

Ronald H. Coase, "The Problem of Social Cost," 3 Journal of Law and Economics 1 (1960) 353
Guido Calabresi and Douglas Melamed, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,"
85Harvard Law Review 1089 (1972) 401

The Law and Society Movement

Stewart Macaulay, "Non-Contractual Relations in Business: A Preliminary Study," 28 American Sociological Review 55 (1963) 445
Marc Galanter, "Why the'Haves' Come Out Ahead: Speculations on the Limits of Legal Change," 9 Law and Society Review 95 (1974) 481

Liberalism: Interpretation and the Role of the Judge

Ronald Dworkin, "Hard Cases," 88 Harvard Law Review 1057 (1975) 549
Abram Chayes, "The Role of the Judge in Public Law Litigation," 89 Harvard Law Review 1281 (1976) 603

Critical Legal Studies

Duncan Kennedy, "Form and Substance in Private Law Adjudication," 88 Harvard Law Review 1685 (1976) 647

Liberalism: Legal Philosophy and Ethics

Robert Cover, "Violence and the Word," 95 Yale Law Journal 1601 (1986) 733
Frank Michelman, "Law's Republic," 97 Yale Law Journal 1493 (1988) 777

Identity Politics

Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: An Agenda for Theory," 7:3 Signs: Journal of Women in Culture and Society 515 (1982) 829
Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State:
Toward a Feminist Jurisprudence," 8 Signs: Journal of Women, Culture, and Society 635 (1983) 869
Kimberlé Crenshaw, Neil Gotanda, Gary Peller, and Kendall Thomas, eds., "Introduction," Critical Race Theory: The
Key Writings that Formed the Movement
, The New Press,
New York, 1996 at xiii-xxxii 887

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